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HomeMy WebLinkAboutMinutes City Council - 05/04/1966MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING May 4, 1966 2:00 p.m. PRESENT: Mayor McIver Furman Mayor Pro Tem Jack R. Blackmon Commissioners: Patrick J. Dunne Dr. P. Jimenez, Jr. Ken McDaniel Ronnie Sizemore c. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor McIver Furman called the meeting to order. The invocation was given by the Reverend Herbert H. Griffin, Jr., Pastor of Hillcrest Church of Christ. City Secretary T, Ray Rring called the roll of those in attendance. Motion by Blackmon, seconded by Sizemore and passed that the absence of Commissioner William H. Wallace be excused for cause. Motion by Jimenez, seconded by McDaniel and passed that the minutes of the Regular Meeting of April 27, 1966, at 2:00 p.m., be approved as furnished to the Council. Mayor Furman read and presented a proclamation proclaiming the month of May, 1966, as ANTI -LITTER MONTH in the City of Corpus Christi, accepted by Mrs. James R. Wells, Chairman of the Anti -Litter Campaign, Corpus Christi Council of Garden Clubs. Mrs. Wells distributed literature to members of the Council relative to the anti -litter campaign and samples of decals that could be placed on garbage vehicles, and stated that the Garden Club wanted to give the City some "easy -waste receptacles" and asked if the City could maintain them and have them placed in appropriate locations. Mayor Furman expressed the appreciation of the Council and advised the matter would be discussed at the Workshop meeting Monday night. Mayor Furman read and presented proclamations proclaiming May 5. 1966. as CIRCO DE MATO DAY in the City of Corpus Christi, accepted by Lee Scott and Ruben Garcia of fie Mexican Consul; and SAVINGS BONDS MONTH, the month of'May, 1966. Mayor Furman announced the opening of bids. Bids were opened and read on the purchase of Library Furniture and Equip- ment for the Greenwood Branch Library, from the following: Gaylord Brothers, Inc.; Estey Corporation; John E. Sjostrom Company; Fordham Equipment Company; Abel Con- tract Furniture & Equipment; Maverick -Clarke; BESCO; Taylor Manufacturing Company; Minutes Regular Council Meeting May 4, 1966 Page 2 Browning Brothers; Remington Rand; John H. Yochem Company; W. G. Smith Company; and Royalmetal Corporation. The foregoing bids were tabled for forty-eight hours as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Bids were opened and read on the purchase of one 24 -Ton Truck Mounted Crane for the Water Division, from the following: Maddox Manufacturing Company; Utility Equipment Company; and Truckers Equipment, Inc. The foregoing bide were tabled for forty-eight hours as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Mayor Furman announced the public hearing on the application of Atlantic Refining Company for a permit to construct Separation and storage facilities on the Spoil Island Bank opposite Reynolds Metals Plant in Corpus Christi Bay, and explained the procedure to be followed. City Manager Whitney presented the application of Atlantic Refining Com- pany, and stated that the application was dated March 16, 1966; that it was submitted to the Council personally by Charles Hutchinson, District Manager for Atlantic Refining Company; that the application was for a permit to construct separation and storage facilities for gas well production in the Bay on the Spo it Island Bank opposite the Reynolde Metals Plant in San Patricio County. Mr. Whitney further stated that the applicant had submitted a sketch showing the proposed location of these facilities on the Spoil Island; that on April 21, 1966, a supplement letter was re- ceived from Atlantic together with photo copies of permits issued by the Department of the Army, Corps of Engineers and a map showing the proposed location; that it was not only for the construction of these facilities on the Spoil Island but also for the dredging of a channel to the location and construction of a barge dock at the terminal of the channel. Mr. Whitney also stated that the matter was referred to the Bay Drilling Committee, during the time the amended ordinance was being considered; that a letter dated April 29, 1966, was received from Edward H. Harte, Chairman of the Bay Drilling Committee, stating that the Committee recommends that the City approve the facility as outlined in Atlantic's application. Charles Hutchinson, District Manager for Atlantic Refining Company, was present in support of the application, and stated that many questions had been Minutes Regular Council Meeting May 4, 1966 Page 3 answered during the time the application was first presented, and asked that if there are any particular objections raised that he be given the privilege of answer- ing at the closing of the discussion. Commissioner Jimenez inquired about the use of facilities of another com- pany on another Spoil Island, and the feasibility of Atlantic building there, and Mr. Hutchinson replied that Cities Service Oil Company has a small facility on a small piece of land in San Patricio County; that it was not a Spoil Island; that to build there would require negotiation of a satisfactory lease and issuance of a permit by the Corps of Engineers; that the Cities Service facility was for the handling of dry gas and that there was not any storage there. Mr. Hutchinson explained that this was for a very wet gas stream; that Cities Service was selling gas to interstate gas lines, and Atlantic was selling to intrastate gas lines and that it would be in violation of Federal regulations to intermingle the two gases; and that it would require a separate facility. Mr. Hutchinson pointed out the proposed location and stated that it would also be further from this location. Minor Culli spoke in opposition to this application and stated that the residents did not want an additional plant in this area; that it was felt that Atlantic could use the Cities Service facility; and that there is an overall ordi- nance "in the making" and that this permit and application is premature. Mr. Culli further stated that he understood that one facility could handle the entire bay area north of the ship channel; that Atlantic had bid on the leases and had every right to drill but do not have the right to establish more facilities on this particular spoil island; that he would like for the members of the Council and Bay Drilling Committee to view the area again and particularly the'.Cities Service facility. Mr. Culli further stated that he did not believe Atlantic had shown any definite need for this facility and that he did not believe it was an emergency. Mr. Culli recommended that negotiations be made with the Navigation District to either deed or lease this spoil island to the City or County, or both, and that the island be made a recreational area. Mr. Culli asked the Council to reject this permitor at least postpone this hearing until all the facts are known, and that the area residents are opposed to this on the grounds that it is a detriment to recreation; that it is a navigational Minutes Regular Council Meeting May 4, 1966 Page 4 hazard and that it is not in the public interest, and introduced Several persons from the Portland -Ingleside area, and stated that the City of Portland had appointed a Bay Committee which would be a part of the Ingleside Committee. Carl Duncan, Director of the Portland Chamber of Commerce and a member of the Bay Committee, stated that he had talked with a number of people in the area; that they were not opposed to the oil and gas industries; that they are proud of the Corpus Christi Bay and the view, and asked the Council to give this matter their full consideration. Ivan Baucom, Secretary of the Portland Chamber of Commerce, stated that the Portland residents are constantly aware and proud of the fact that they are a suburb of Corpus Christi; that they want to cooperate with the City; and that they want to help the City maintain the beautiful shore line that we have. Pat Kindle, San Patricio County Commissioner, stated that he was very con- cerned about the fishing; that the area was a good fishing area as well as a recrea- tional area; and that the proposed facility would be harmful to both. Leroy Weiting, State Representative from San Patricio County, expressed appreciation to the Council for the consideration shown this area, and stated that the community would be happy to furnish any other information and work with the City in every way possible. Jack Flowers, resident of Ingleside, asked the Council to consider Ingle - side's point of view in any decision that is made. Mayor Furman advised Charles Hutchinson of Atlantic Refining Company that a rebuttal would be allowed. Charles Hutchinson stated that he felt the oil companies had been "put under attack"; that the Cities Service facility was viewed and explained to members of the Bay Drilling Committee; that they had spent many months of study on this matter and had taken the beet alternate route they could; that the oil companies are trying their best to assist and help by actual sacrifice, and that it would cost considerable more money to construct the facilities on the Spoil Island. Mr. Hutchinson further stated that the Cities Service facility has a limited capacity; Minutes Regular Council Meeting May 4, 1966 Page 5 that they cannot handle the wet gas; that they sell to interstate gas lines and Atlantic sells to intrastate gas lines, and therefore prohibited by law. Mr. Hutchinson pointed out that the end of the Island near Ingleside should be used as a park but that the other end of the Island is covered with red dust and therefore unsuitable for that purpose; that the dredging of the channel would improve the fish- ing in that area; that it is not a hazard to navigation and did not require lighting from a navigation standpoint; that this facility would be a rather small unit in front of the Reynolds Metals Plant and not readily visible to the surrounding areas. Mr. Hutchinson explained that the leases were purchased in 1940; that at that time it was not part of the city limits of Corpus Christi; that all leases will be treated the same; and that he did not state it was an emergency but only pointed out the amount of money it was costing Atlantic to wait. Mr. Hutchinson stated that neither Atlantic nor the Bay Drilling Committee had ever said that there would be one and only one facility north of the ship channel, and that the spirit of public cooperation is very high with all of the oil companies and second to none. Mr. Culli stated that the Spoil Island is a beautiful place and should not be used for private industry as it is public property; that you would not be able to go in there and fish as the ordinance states they will restrict the property; that he did not understand why Atlantic could not locate the facility elsewhere, and asked that the Council "protect what we have and have had." Mayor Pro Tem Blackmon pointed out that the City actually does not own any property in the Bay; that it is owned by the Navigation District and that the State owns the minerals in the Bay. Motion by McDaniel, seconded by Dunne and passed that the hearing be closed. Motion by McDaniel, seconded by Dunne and passed, with Jimenez voting "Nay" that the application of Atlantic Refining Company for a permit to construct separation and storage facilities in Corpus Christi Bay be approved. Mayor Furman expressed appreciation for the interest and opinions that have been brought before the Council relative to this application, and stated that this matter has been very carefully considered, and that any other requesta that come up for drilling, these groups will be called upon for their opinions. Minutes Regular Council Meeting May 4, 1966 Page 6 Mayor Furman announced the public hearing on the change of street name for a portion of Sheridan Drive, adjacent to Richard King High School, between Gollihnr Road and South Staples Street, to "Mustang Trail." City Manager Whitney stated this hearing was called as a result of a petition submitted to the Council by students of the Richard King High School in which they requested that a portion of Sheridan Drive, adjacent to Richard King High School, between Gollihsr Road and South Staples Street, be changed to "Mustang Trail." Mr. Whitney further stated that the only property owner fronting on this street is the Corpus Christi Independent School District; that the various departments had investigated the matter and interposed no objections to the proposed street name change; that it does not present a duplication or similarity of any other name; and that he could not see any objection to the proposed change of street name. John Thomason, President of the Richard King High School Student Council, and other members of the Student Council, appeared in favor of the request. John Thomason stated that nearby property owners had been contacted prior to the petition; that there were no objections to this request; that it meant a lot to the student body; that it has promoted school spirit; and that they would appreciate the Council's consideration in changing this street name. The sponsor of the Student Council, and a teacher at Richard King High School, stated that the administration is very inter- ested in this change; that the school principal is in favor of the change, and recommended that it be approved. Motion by Jimenez, seconded by Dunne and passed that the hearing be closed. Motion by Jimenez, seconded by Blackmon and passed that a portion of Sheridan Drive, adjacent to Richard King High School, between Gollihar Road and South Staples Street, be changed to "Mustang Trail," and that an ordinance be brought forward effectuating this change. Minutes Regular Council Meeting May 4, 1966 Page 7 Mayor Furman called for the City Manager's Reports. Motion by Dunne, seconded by Jimenez and passed that the City Manager's Reports, Items "a" through "g" be accepted; and that the recommendations and requests be approved and granted as follows: a. That the request of Eli Abrams for renewal of a franchise for benches on bus routes, be approved; b. That the proposed sewer line extension to serve Tuloso-Midway High School Tract, Hudson Acres, San Kane Plant, Celanese Corporation and McNorton Subdivision, be approved; and that an engineering contract with Urban Engineering be authorized; c. That the plans and specifications for the Williams Drive Drainage System, Unit I, be approved; and that authority to advertise for bids to be received May 25, 1966, be granted; d. That an agreement with the Texas Highway Department for excavation of borrow material from the Arroyo Saratoga Drainage Improvement - Oso Creek to Saratoga, be approved; e. That the bid award on Weld Fittings and Flanges be made to Superior Iron Works & Supply Company, Inc., on the basis of low bid meeting specifications; (Bid Tabulation #66-18); f. That the date of May 25, 1966, during the Regular Council Meeting, be set for public hearing on two zoning cases; g. That the date of May 18, 1966, during the Regular Council Meeting, be reset for public hearing on the appeal of Raymond Rodriquez for a Taxicab Driver's License. ORDINANCE NO. Sool AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICA- TION OF PHARAOH ENTERPRISES, LID., BY AMENDING THE ZONING MAP BY CHANGING THE ZONING OF BLOCK "A", PHARAOH VALLEY NORTHEAST AS FILED OF RECORD IN VOLUME 31, PAGE 55, NIECES COUNTY MAP RECORDS ON MARCH 25, 1966, SAID PROPERTY ALSO KNOWN AS A 3.1 -ACRE, MORE OR LESS, TRACT OF LAND OUT OF LOT 1, SECTION 29, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1A" ONE-FA/MX DWELLING DISTRICT TO "A -l" APARTNEET HOUSE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel and Sizemore, present and voting "Aye," and Wallace absent. Minutes Regular Council Meeting May 4, 1966 Page 8 ORDINANCE NO. 8002 CHANGING THE NAME OF LAWRENCE DRIVE TO BUDDY LAWRENCE DRIVE; AND DECLARING AN EMERGENCY. The Charter rule vas suspended and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel and Sizemore, present and voting "Aye," and Wallace absent. ORDINANCE NO. 8003 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY, A CONTRACTUAL AGREEMENT FOR EXCAVATION OF BORROW MA'ERTAL FROM THE CITY OF CORPUS CHRISTI'S ARROYO SARATOGA DRAINAGE IMPROVEMENT - OSO CREEK TO SARATOGA, SAID AGREE- MENT TO BE BETWEEN THE CITY OF CORPUS CHRISTI AND THE TEXAS HIGHWAY DEPARTMENT, A COPY OF WHICHAMUMMKENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance vas ;eased by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel and Sizemore, present and voting "Aye," and Wallace absent. FIRST READING OF AN ORDINANCE GRANTING TO ELI ABRAMS, DBA COURTESY ADVERTISING COMPANY, A FRANCHISE TO CONSTRUCT, ERECT AND MAINTAIN FOR A PERIOD OF FIVE YEARS AT LOCATIONS ON THE ROUTES OF BUSES AND OTHER PUBLIC CONVEYANCES INTIM CITY OF CORPUS CHRISTI, BENCHES FOR USE OF THE GENERAL PUBLIC; TO USE AND EMPLOY THE STREETSIDE THEREOF FOR ADVERTISING; PROVIDING FORA FIRED CHARGE FOR SAID FRAISE AND FOR PAYMENT OF A PERCENT OF THE GROSS RECEIPTS TO THE C1TY; PROVIDING FOR THE DESIGNATION OF LOCATIONS AND THE PROPER CONSTRUCTION AND MAINTENANCE OF SAID BENCHES; LIMITING THE CHARACTER AND KIND OF ADVERTISING PERMITTED; PROVIDING FOR PUBLIC LIABILITY INSURANCE TO PRO- TECT THE CITY AND GRANTEE AND THE PUHLICj CONTAINING PROVISIONS FOR FORFEITURE OF THE FRANCHISES; CONTAINING A SAVINGS CLAUSE; PROVIDING FOR THE ASSIGNMENT OF SAME, SAID FRANCHISE NOT TO HE EXCLUSIVE. Robert T. Rylee, attorney representing Rollins Outdoor Advertising, Inc. and Magnus Corporation, spoke in opposition to the foregoing ordinance, and stated that applications had been filed by these two companies; that they would offer more money if permitted an opportunity to engage in this business; that the general nature of this business is ouch that it would not be feasible for three people to engage in this business; that it was in the beet interest of the public to advertise for bids; and urged Council to deny the passage of the foregoing ordinance and put the franchise out for bids. William R Anderson, attorney representing Eli Abrams, spoke in support of the foregoing ordinance, and stated that the application before the Council is the application of Eli Abrams; that he started this business twenty years ago as a public service; that the City receives revenues for this service; that it is a public use without any expense to the City; and that bus benches are necessary. Minutes Regular Council Meeting May 4; 1966 Page 9 Mr. Anderson further stated that Mr. Abrams had approximately four hundred benches throughout the City; that the Council could put out another group of benches if they so desired; that the franchise is a non-exclusive franchise; and urged the Council to accept the City Manager's recommendation that it be approved.. City Manager Whitney pointed out the four alternatives relating to this franchise as follows: (1) to grant the request of Eli Abrams for renewal of this franchise; (2) to put the franchise out for competitive bide and award on the basis of the best bid; (3) to exercise the option provided in the franchise and purchase the benches from Mr. Abrams; and (4) to refuse to grant any franchise. Mayor Pro Ten Blackmon stated that inasmuch as the City may authorize purchase of the bus system, the benches could be part of that, and inquired about Alternative (3). City Manager Whitney read Section 5 of the foregoing ordinance pertaining to acquisition of the benches being ascertained by the arbitration and appraisement of a majority of three appraisers. The foregoing ordinance vas read for the first time and passed to its second reading by the following vote: Furman, Dunne, Jimenez, McDaniel and Sizemore, present and voting "Aye," Blackmon passing and Wallace absent. RESOLUTION NO. 8004 AUTHORIZING THE CITY OF CORPUS CHRISTI AS APPLICANT TO FILE APPLICATION WITH THE PROPER AUTHORITY OF THE GOVERNMT OF TER UNITED STATES FOR A NEIGHBORHOOD FACf•ITI GRANT CONCERNING PROPERTIES AND FACILITIES PROPOSED TO BE =DASD OPERATED HY THE BOYS' CLUB OF CORPUS CHRISTI, TEXAS; DIRECTING THE CITY MANAGER TO PROCEED WITH SUCH APPLICATION; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing resolution was passed by the following vote; Furman, Blackmon, Dunne, Jimenez, McDaniel and Sizemore, present and voting "Aye," and Wallace absent. Mayor Furman declared a brief recess before the scheduled. public hearings on three zoning cases. Mayor Furman reconvened the meeting and announced the Council would now hold the scheduled public hearings, and explained the procedure to be followed. Mayor Furman announced the public hearing on Application #266-4, Sem Bustler, for change of zoning from "AB" Professional Office District to "B-1" Neighborhood Business District on the South 1/2 of Lots 13 and 13A, Block 4, Del Monte Addition. Minutes Regular Council Meeting May 1+, 1966 Page 10 Laura Copeland, Zoning Coordinator, located the property on the map and pointed out the zoning and laud use of the area; explained that at the Commission hearing held February 1, 1966, the applicant, Sam Susser, appeared in favor of the request and stated that he proposed to put in a drive-in grocery in this area; that three other persons appeared in favor of the request and one person in opposition; that thirty-eight letters were aent out, and three returns were received in favor and three returns were received in opposition; and stated that the recommendation of the Zoning and Planning Commission was that the application be denied on the basis that the "ABI" Professional Office District, as it exists, serves as a buffer between the existing "B -l" Neighborhood Business District and the "R -1B" One -family Dwol1ing District. Sam Susser, applicant, spoke in favor of his application, and stated that he felt there is a need for a convenient drive-in grocery store in this area; that the location is excellent; that the business would be kept clean and attractive and would be an improvement to the neighborhood; that there would not be any beer consumed on the premises; and pointed out the nearby businesses. Mr. Susser further stated that he felt the small businessman should receive fair and just consideration; and requested the Council to grant this zoning change. In answer to a question from Commissioner Dunne relative to ownership of the property, Mr. Buser replied that he had a oontrect to purchase the property subject to the zoning change. Cole Thompson, representing Franklin Critz, and Mr. and Mrs. H. Lee Johnson, spoke in opposition to the request, and stated that he had talked with a large number of people in the neighborhood and they were opposed to this change; that they did not believe it would be an asset to the neighborhood, and presented a petition signed by surrounding residents opposing this change of zoning. Mr. Thompson further stated that more traffic problems would be created; that during "rush" hours the traffic is very congested; that speed limits have been raised on Santa Fe and Haat no parking is allowed during certain hours in the morning and afternoon; that the traffic flow would be increased if the zoning change is granted; that such a business in this location 1s against the public welfare; that the lights, Minutes Regular Council Meeting May 4, 1966 Page 11 noise, and people going in and out of this business during all hours of the day and night will be an inconvenience and further aggravate the situation; that the character of the neighborhood has been retained due to the strong zoning, and that the general purpose of zoning would be defeated as the people would lose the buffer effect built into the zoning plan. Mr. Thompson further stated that the public health, safety, morals and general welfare of the public will not be served by this change of zoning for a drive-in grocery, and requested that the request be denied. H. Lee Johnson, 305 Indiana, spoke in opposition to the request, and stated that the traffic problems would be increased; that Texas Street is not wide enough to satisfy the increased traffic and parking problems that would be created by this business; that it would be an inconvenience to the residents, and requested that the application be denied. Mrs. H. Lee Johnson concurred with the foregoing remarks of Mr. Johnson. Else Hesse, 306 Rosebud., spoke in opposition to the request on the basis of the increased traffic problems. Motion by Sizemore, seconded by Blaoknnon and passed that the hearing be closed. Motion by Dunne, seconded by Blackmon and passed, with McDaniel voting "Nay," that the application be tabled for one week for further study and considera- tion. Mayor Furman announced the public hearing on Application #366-11, J. P. Vermeulen, for change of zoning from "R-11" One -family Dwelling District to "B-1" Neighborhood Business District on a 0.746 -acre tract of land out of Lot 16, Section 49, Flour Bluff and Encinai Farm and Garden Tracts, fronting 108.4 Feet along the Southeast Right -of -Way line of Flour Bluff Road, beginning at a point 456.4 Feet Northeast of the intersection of Flour Bluff Road and Purdue Road, and extending approximately 300 Feet in a Southeasterly direction from Flour Bluff Road for the most depth. Laura Copeland located the property on the map and pointed out the zoning and land use of the area; explained that at the Commission hearing held March 29, 1966, no one appeared in favor and that the letter of request was read to the Commission; that no one appeared in opposition; that ten letters were sent out, Minutes Regular Council Meeting May 4, 1966 Page 12 and no returns Were received in favor and one return was received in opposition; and stated that the recommendation of the Zoning and Planning Commission vas that the application be denied on the basis that approve]. would constitute spot zoning and that such zoning for this area is premature. Mrs. J. P. Vermeulen, Wife of the applicant, appeared in favor of this request, and stated that her husband's physical condition prevented hie attending this hearing; that they had been in the restaurant business for many years and vented to put in some business that he could manage in his condition to help supplement their income; that the area is quite remote and stili in its virgin stage, and requested that the application be granted. Motion by Jimenez, seconded by Blackmon.that the request for change of zoning be granted. Mayor Pro Tem Blackmon stated that the area vas only fifty percent devel- oped, and that he did not believe there would be anything wrong in changing the zoning for this purpose; and Commissioner McDaniel stated that it is a very large area; that the Staff recommended a study be made of the area; that the study is seriously needed., and that he would have to vote against the motion. Mayor Pro Tem Blackmon stated that it vas very difficult to plan a study that will improve and correct the situations at this time; that Mr. Vermeulen plane to go into a home -type occupation; that it vould be an improvement to the area and therefore justified, Mayor Furman called for a vote on the foregoing motion that the application for change of zoning be granted. Furman, Blackmon, Dunne and Jimenez voted "Aye," and McDaniel and Sizemore voted "Say;" and Assistant City Attorney Tom McDowell pointed out that a majority vote plus one is required for the motion to pass, and that the motion had failed. Motion by Sizemore, seconded by McDaniel and passed that the application for change of zoning be tabled for one week for further study and consideration. Mayor Furman announced the public hearing on Application #366-12, Mr. and Mrs. Gordon Winquist, for change of zoning from "R -1B" One -family Dwelling District to "A-8" Apartment House District on Lot 5, Block 44, Del Mar Addition. Minutes Regular Council Meeting May 4, 1966 Page 13 Laura Copeland located the property on the map and pointed out the zoning and land use of the area; explained that at the Commission hearing held March 29, 1966, Mrs. Gordon Winquist appeared in favor of the application and stated the request was to build a carport on her property; that four persons appeared in oppo- sition; that twenty-four lettere were sent out, and five returns were received in favor and six returns were received in opposition; and stated that the recommendation of the Zoning and Planning Commission was that the application be denied on the basis that approval would constitute spot zoning and encroachment into a well delineated single family residence area and would tend to compound an existing violation of the Ordinance, In answer to a question from Commissioner Sizemore relative to the non- conforming use of the property, Miss Copeland replied that the former owner of the property made the existing house into a duplex and garage apartment, and that the apartment in the lover part of the garage was built by Mrs. Winquist'a son without a building permit; that the opposition against the carport is on the basis that the lot area is too small and that it would create additional traffic problems. No one appeased in favor of this application. Mrs. Nat Buck, owner of Lot 4, Block 44, Del Mar Addition, spoke in oppo- sition to the request, and stated that her property is next door to the Winquist property; that if it is zoned "A-2" and that if the Winquists should sell the property, it could create even greater problems as they are located next door, and that the request should be denied. Bill Dearson, owner of Lot 9, Block 44, Del Mar Addition, spoke in opposition to the request, and stated that the area was not large enough for apart - went houses; that the area is zoned "B -1B" One -family Dwelling District and should remain as such. Nat Buck, owner of Lot 4, Block 44, Del Mar Addition, presented a petition signed by several residents in the area, and pointed out that one letter received in favor of the request, Lot 6, Block 44, Del Mar Addition, did not understand the request and is now opposed to the change of zoning, and that Mrs. Jane Crain, Lot 7, Block 44, Del Mer Addition, vas unable to attend this hearing and sent a letter in opposition to the change. Minutes Regular Council Meeting May 4, 1966 Page 14 In answer to questions from the Council, Mr. Buck explained that they had lived in that area since 1940; that the former owners had built the garage apartment presumably as a servants quarters; that after the husband's death, the widow moved into the garage apartment and made the house into a duplex; that the Winquists bought the property from the estate and the son built an apartment in the lower part of the garage without a permit; and that it was originally a two -car garage. Motion by McDaniel, seconded by Sizemore and passed that the hearing be closed. Motion by McDaniel, seconded by Jimenez and passed that the application be denied. Mayor Furman called for petitions or information from the audience on matters not scheduled on the Agenda. Larry French, President of the Corpus Christi Tennis Association, appeared before the Council and requested Council to give serious consideration to the need for resurfacing the H. E. Butt Tennis Center courts; that the courts are very unique and an asset to the City; that it was donated to the City by interested citizens; that the courts are in a terrible condition and that portions of the courts have raised as much as four or five inches; and that a total of sixteen courts are involved. Mr. French further stated that the only bid received on the resurfacing of these courts was rejected as it exceeded the estimate; that the Street Department was instructed to repair these courts and that it could not be done before August; and asked if more funds could be approved for the resurfacing and stabilisation of these courts. City Manager Whitney stated that the problem was caused by the shifting of the soil; that the only bid received was rejected as it far exceeded the amount of money available for this project; and that the Park Department was instructed to do the stabilization, and upon completion of that, the Street Department was to do the resurfacing of the courts. Mayor Pro Tem Blackmon inquired about the $10,000 budgeted for this project, and Mr. Whitney advised that the money could be carried over. Mr. French stated that the conditions of the courts have deteriorated even more since the money was first budgeted for this project, and that $10,000 would not be sufficient now. Minutes . Regular Council Meeting May 1., 1966 Page 15 City Manager. Whitney advised that a large portion of the construction of the Tennis Center was financed by a loans made by the City with Mr. E. E. Butt and that the loan is now retired; that the City is vitally concerned in preserving and maintaining these courts; that they are very valuable to the City and that we are not in favor of letting the courts deteriorate. Mayor Furman stated that the courts are a great asset to the community; and that the Council would take into consideration that adequate funds be available in the next budget. There being no further business to come before the Council, the meeting was adjourned.